A New Zealand Overstay is to
remain in New Zealand outside the period of time
approved by the authorities of immigration or the
period of a permit for a visitor.
The Immigration Act’s Section 7 provides possible
reasons that make a person ineligible to come to New
Zealand (or unable to be excused from the
necessities to avail of a permit). These also
include prior deportation or removal, criminal
convictions, being a menace to the safety of the
public, and participation in terrorism. Aside from
legislative reasons for being denied entry, there
are policy reasons.
Entry can be denied based on the inability to provide
minimum requirements for entry which is applicable to all
permits and visas (such as character of health requirements)
and/or the particular policy standards for the permit or
In Section 7 of the Immigration Act, health and character
policies all allow for entry to be granted in spite of
someone encountering criteria that would ordinarily make
them illegal to enter.
Special directions or waivers may be granted
relative to the Immigration Act’s section 7, and
releases may be made for requirements for character
and health policies. Immigration officers are
assigned to make such conclusions in most
The elements used by officers of immigration to
determine whether a waiver or special direction is
necessary in the circumstances include the severity
of the committed crime, the potential cost to
medical conditions of New Zealand and the intensity
of association to New Zealand (such as instances
when the person applying has immediate relatives in
New Zealand). The policy of the Government in
immigration provides counseling on such things. In
the end, it necessitates a sound judgment to be made
in each instance. The nature of the responsibility
is extremely discretionary.
A person who has been previously deported from New Zealand
for overstaying their permit is subject to a ban of 5 years.
A special order may be given permitting them to go back to
New Zealand before the end of the 5-year ban if they have a
partner in New Zealand and have a child who is a citizen of
New Zealand. Such a person now satisfies the policy the
residence, and the final benefit of granting their entry is
conceived to outweigh any risk around their precipitated
The Immigration Act’s Section 7 gives clear reasons
for refusal to allow entry. These reasons represent
the basis for who is unacceptable to come in or stay
in New Zealand. It is an important mechanism for New
Zealand to convey its sovereign power. Holding a
like provision in new legislation is essential.
A discretionary power to make exclusions is also a
critical feature of the present system. This permits
character or health requirements to be relinquished
in those instances where it would be in the interest
of New Zealand to sanction a person who didn't
initially conform to the requirements.
Still, with the combining of present provisions in the Act
and the endorsing policy, dangers to the interests of New
Zealanders have been named. Simultaneously, the statute law
must be conciliatory enough to grant the entry of persons,
where this suitable.